Re: [Patents] newsscan: Software patent limits 'go too far'

[Jean-Baptiste Soufron <jbsoufron@free.fr>]

> The later is what's happening and what the EPO has been perverting the
> law into.

The text does not say that. It says that softwares are not inventions
(2) when they are considered alone (3). Thus, add the EPO, they can be
patented when they are not considered alone. Then you say no, they can't
because it's the invention involving them that can be patented. 

> You should probably be able to patent an invention, should it have
> enough merit, but the 'something' in this case is software, which is
> not patentable as per Art. 52.2 of the European Patent Convention.
> 
> THAT PART is not patentable. But you can try to patent the rest,
> probably.

article L-611-10 of french intellectual property code : 

1. Inventions which are susceptible of industrial application, which are
new and which involve an inventive step shall be patentable.

2. The following in particular shall not be regarded as inventions
within the meaning of paragraph 1 of this Article: c)... programs for
computers;

3. The provisions of paragraph 2 of this Article shall exclude
patentability of the subject matter or activities referred to in that
provision only to the extent to which a patent application or patent
relates to such subject matter or activities as such (3. Les
dispositions du 2 du présent article n'excluent la brevetabilité des élé
ments énumérés auxdites dispositions que dans la mesure où la demande de
brevet ou le brevet ne concerne que l'un de ces éléments considéré en
tant que tel).

So, according to the EPO, any invention is patentable but, as an
exception, programs for computers are not inventions and thus, they
can't be
patented. But, there is an exception to the exception : a program for
computer is not an invention only when it's considered alone. It still
is patentable when it's part of another invention.